TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Broward County Parks and Recreation Division
c/o Linda Briggs Thompson
Administrative Manager
38th Street
Oakland Park, Florida 33309
WATERWAY AND LOCATION: The project is located within West Lake Park, an existing natural area located immediately south of the Dania Cutoff Canal and immediately west of the Intracoastal Waterway (ICW) in Sections 35 and 36, Township 50S, Range 42E and Sections 1, 2, and 11 Township 51S Range 42E within portions of the Cities of Dania Beach and Hollywood, Broward County, Florida.
Directions to the site are as follows: From I-95 in Fort Lauderdale, exit east at Sheridan Street and continue east for 2.6 miles. The project is located on both sides of Sheridan Street immediately south of the Dania Cutoff Canal and west of the Intracoastal Waterway.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.052301°
Longitude: -80.11528°
PROJECT PURPOSE:
Basic: Environmental restoration.
Overall: The creation, restoration, enhancement and preservation of mangroves and seagrasses within West Lake Park in Broward County.
EXISTING CONDITIONS: West Lake Park is a Broward County Park comprised almost entirely of a mangrove forest west of the Intracoastal Waterway (ICW) and south of the Dania Cutoff Canal, Dania Beach (Sections 1, 2, and 11, Township 50 South, Range 42 east) Broward County, Florida.
PERMITTING HISTORY: The original DA permit dated 18 February 2006 authorized activities at West Lake Park and adjacent wetlands. The permit was reissued on 3 February 2011 for a five-year extension. The project proposed up-front compensation for Port Everglades and the Broward County Airport resource impacts. The County project includes upland, wetland, and seagrass creation, restoration, enhancement, and preservation of mangroves and seagrasses within West Lake Park. The initial project installed culvert connections to increase flushing of a 1500+ acre mangrove forest, tidal flushing channels, and construction of a riprap/crib structure for shoreline stabilization along approximately 3 miles of shoreline adjacent to the mangrove edge along the ICW.
Modification 1 was issued on 29 August 2008, to revise the proposed construction plans to include updated acreages for habitat polygons based on the wetland system, modify culvert sizes, modify the riprap crib design, and to modify Special Condition #25.
Modification 2 was issued on 23 September 2009, for the removal of Segment II of the authorized mitigation plan from the West Lake Credit Ledger. Segment II was constructed by the Florida Department of Transportation.
Modification 3 was issued on 14 May 2010, for modifications to spoil island plans to account for on-site conditions. The modification also allowed for alternate pile material to be used for the installation of the riprap cribs, the replacement of single layer riprap with a Channel Monument, tree removal and relocation for specific spoil islands, revisions to a temporary crossing, revised access to spoil islands, and revisions to the exotic vegetation control plan.
Modification 4 was issued on 2 July 2010, to modify the construction methodology for the riprap crib and to install temporary bank stabilization at selected areas.
Modification 5 was issued on 3 February 2011, for a five-year extension of the permit. The permit expiration date was extended to 2 February 2016.
Modification 6 was issued on 9 June 2011, to update the outparcel acquisition acres and corresponding UMAM credits to date and address potential excess mitigation use addressed in Special Condition #27.
Modification 7 was issued on 21 February 2012, to remove the required monitoring of seagrass impacts related to the installation of the riprap crib which was required under Modification #4.
Modification 8 was issued on 4 April 2013, to 1) allocate a portion of the Segment III credits to offset impacts authorized by the SW 10th Street Permit, SAJ-2011-02032 (IP-SLR), and 2) to document the credit updates from the completed Segment I and Segment III As-Builts submitted to the U.S. Army Corps of Engineers (Corps) in February 2012. Both of these activities resulted in a modification of the credit ledger. The modifications result in a balance of 27.07 Functional Gain Units.
Modification 9 was issued on 13 August 2013, to allocate a portion of the previously completed Segment III mitigation area for the impacts associated with the Perimeter Road project issued on 23 May 2013 under Nationwide #14 (SAJ-2013-01085).
Modification 10 was issued on 10 February 2017, granting a five-year time extension This modification extended the permit to 10 February 2022.
Modification 11 was issued on 11 September 2020 authorizing a modification to Segment IV mitigation area. This modification revised habitat creations from existing spoil islands to create 12.65 acres of seagrass habitat within Spoil Islands 1, 3, and 10; created 3.62 acres of upland habitat previously authorized as mangrove creation in order to protect a state listed plant species; and updated the credit ledger to reflect the modification and available function gain units. The modification resulted in 9.12 mangrove functional gain units and 4.032 seagrass creation functional gain units.
Modification 12 was issued on 23 May 2022 authorizing an extension of the expiration date from 10 February 2022 to 10 February 2024.
PROPOSED PERMIT MODIFICATION: The applicant seeks authorization for a two-year time extension to the above-numbered Department of the Army permit. The existing permit expires February 10, 2024, and this permit modification will have an expiration of February 10, 2026.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
As additional work beyond what was previously authorized is not proposed, the applicant will abide by the conditions of the existing permit and its subsequent modifications to avoid and minimize impacts to the aquatic environment. The nature of the proposed project is to restore, enhance, and create natural mangrove, seagrass, and upland habitats.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
As additional work beyond what was previously authorized is not proposed, the applicant will abide by the conditions of the existing permit and its subsequent modifications to offset any unavoidable functional loss to the aquatic environment. The nature of the proposed project is to restore, enhance, and create natural mangrove, seagrass, and upland habitats.
CULTURAL RESOURCES:
The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Due to prior assessments of the permit area from previous permitting efforts and subsequent modifications, and that this modification will only authorize an administrative time extension rather than additional work, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.
ENDANGERED SPECIES:
The Corps previously consulted on effects to several federally listed threatened or endangered species and has determined that the scope of work for the proposed modification is covered under the prior concurrence received pursuant to listed species and no further consultation is required.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. As the proposal would only authorize an administrative time extension, it will not have additional impacts on aquatic habitat utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.
NAVIGATION: The proposed work is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has not been verified by Corps personnel.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Miami Permits Section, 9900 SW 107th Avenue, Suite 203 Miami, Florida 33176-2785 within 15 days from the date of this notice.
The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.
QUESTIONS concerning this application should be directed to the project manager, Virginia King, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203 Miami, Florida 33176-2785; by electronic mail at Virginia.E.King@usace.army.mil; or, by telephone at (904)248-8516.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.
EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.
The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
WATER QUALITY CERTIFICATION: Water Quality Certification was initially issued by the South Florida Water Management District on 18 February 2016 and modified on 23 March 2021. This authorization expires 18 February 2026.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.